A federal inquiry into foreign interference has yet to submit its initial report, but the Liberal government is already moving forward with plans to reform a suite of national security laws and procedures.
In a pair of new reports, the government says recent consultations found general support for measures to respond to foreign meddling, along with some concerns about the possible effects on vulnerable communities.
Ottawa is considering the creation of new foreign interference offenses under the Information Security Act, as well as modernizing Canada’s sabotage offence.
The changes could include making it an offense to carry out a covert or deceptive act for the benefit of a foreign entity, knowing that it would cause harm to Canadian interests.
The offense would expand the scope of the current Information Security Law, which currently relates to threats or violence from foreign influence.
An example could be knowingly helping agents of a foreign state, posing as tourists, enter Canada, the government says. Another example could be spreading false stories to discredit a critic of a foreign government.
A recently published report on this element of the consultations says there were different views on the details of how to combat foreign interference, but a “general consensus on the need for greater efforts” to address the threat.
The government is also studying changes to legislation governing the Canadian Security Intelligence Service, to expand the spy agency’s ability to share information, collect intelligence and use data.
One key change would allow CSIS to disclose information beyond the halls of government to build resilience against foreign interference.
Other new provisions would allow CSIS to compel the preservation of perishable information when it seeks to seek a warrant, and compel the production of information that is likely to fuel its investigations.
Other changes would improve the spy service’s ability to gather foreign intelligence, as well as collect and use data sets in a timely manner.
The Business Council of Canada wants CSIS to be able to share threat intelligence with companies to help them take protective measures. It has also urged the government to create a new body to ensure intelligence is shared securely and widely across the Canadian economy.
Serious issues need to be addressed, particularly those related to threats to people and interference with essential services that put people’s health and safety at risk, said the Ottawa-based International Civil Liberties Monitoring Group. , a coalition of 45 organizations, including Amnesty International, the Council of Canadians, the Canadian Muslim Forum and several prominent unions.
“However, we are concerned that the overall approach to this issue to date has focused on greater securitization, increased police and intelligence agency powers, and has raised concerns around the targeting and marginalization of specific communities and public concerns. a new ‘McCarthyism’ centered on individuals with ties to particular countries based on political divisions and not actual threats,” a presentation from the group said.
A report on consultations on the CSIS Act says participants “generally understood” the need for changes and agreed that existing gaps are problematic.
“While support was strong overall, some respondents expressed specific concerns regarding the importance of privacy and the need for strong oversight and accountability. Contributions also emphasized the importance of continued efforts to improve trust in CSIS and encouraged continued efforts to further increase transparency.
The newly published summaries of the consultations do not satisfy the civil liberties monitoring group’s concerns that many of the proposals will have effects “well beyond addressing foreign interference, and that framing them as such may have limited which individuals and organizations chose to participate,” said Tim McSorley, ICLMG national coordinator.
For example, he said, changes to CSIS’s foreign intelligence powers or the agency’s data set regime could certainly intersect with foreign interference, but would have much broader implications.
States may engage in interference to promote foreign political objectives and may employ individuals to act on their behalf without disclosing ties to the foreign state.
Some believe that requiring these people to formally register with the government they are trying to influence, with the possibility of fines or even prison sentences for failing to comply, can make such dealings more transparent.
A previous public consultation found support last year for establishing a foreign influence transparency register, but participants stressed the need to clarify how it would work.
Since then there has been no obvious federal movement on the idea.
A federal investigation into foreign interference is expected to soon report into allegations of meddling in the last two general elections.
Commissioner Marie-Josée Hogue’s report will contain findings and recommendations that could prompt calls for additional changes to protect the integrity of Canadian electoral processes.
McSorley said the government needs to seek additional input and advice from interested actors and experts before moving forward with the legislation, particularly with regard to the need for some of the proposed changes and their effects on rights protected by the Charter. .
He said that work should include conducting the required five-year review of the latest major changes to national security legislation, adopted in 2019, a review that will take place this year.